Please read these Terms and Conditions carefully before using this Website.
Website Terms and Conditions of Service
(1) Use of the Oehler Mediation Site
Oehler Mediation strives to make our website accessible to everyone in compliance with the Americans with Disabilities Act. If you have any difficulty accessing or using our website, please email me at harold@oehlermediation.com, and provide a detailed description of your needs, so that I may work to resolve the issue.
You shall comply with all applicable laws, statutes, ordinances, and regulations in your use of the Site. Oehler Mediation may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Oehler Mediation believes is: (i) illegal, fraudulent, harassing, or abusive; (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site; or (iii) harmful to other users, third parties, or Oehler Mediation’s business. Use of an account for illegal, fraudulent, or abusive purposes may be referred to law enforcement authorities without notice. In addition, Oehler Mediation may terminate your account if you file a claim against Oehler Mediation, or a claim which in any way involves Oehler Mediation. Upon Oehler Mediation’s termination of your account for any of the forgoing reasons, (i) Oehler Mediation will have no obligation to notify any third parties regarding such termination, and (ii) you will be responsible for any damages that may result or arise out of termination of your account.
You understand that any information submitted about a case (“Case Information”) through the use of the Site is the sole responsibility of the person posting or transmitting such Case Information. You, and not Oehler Mediation, are entirely responsible for all Case Information that you upload, post, email, transmit, or otherwise make available on the Site or through the use of the Site. Under no circumstances will Oehler Mediation be liable in any way for any Case Information (including, but not limited to, any errors or omissions in any Case Information, or any loss or damage of any kind incurred as a result of the use of or your loss of use of any Case Information posted, emailed, transmitted, or otherwise made available on the Site or through the use of the Site). You agree that Oehler Mediation may, in its sole discretion, refuse to post, store, or transmit any Case Information submitted by you, and may move, remove, edit, or modify any such Case Information for any reason at any time.
You agree not to:
1. upload, post, email, transmit, display on the Site, or make available through the use of the Site (a) any information that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national or international law, regulation or standard of conduct; (b) any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements); (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity, or other rights of any other person or entity; (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
2. use the Site (a) to harm minors in any way; (b) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (c) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service; (d) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (e) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or (vi) stalk or otherwise harass another;
3. remove any proprietary notices from the Site;
4. attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Oehler Mediation with respect to any features of the Site and/or data transmitted, processed, or stored by Oehler Mediation on the Site;
5. attempt to harvest or collect any information about or regarding other users of the Site, including, but not limited, any personal data or information; and/or
6. interfere with or disrupt the Site or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to or operated with the Site.
(2) Terms of Service
Welcome to the Oehler Mediation website located at www.oehlermediation.com These Terms of Service (“Terms of Service”) set forth an agreement between you and Oehler Mediation which governs your use of the site and the services provided through the site (collectively, “the Site”).
By using the Site in any manner, you signify your irrevocable acceptance of these Terms of Service. You may use the Site only if your acceptance of these Terms of Service is not prohibited by applicable law. No one under the age of 18 years is allowed to submit information about a case to Oehler Mediation or use any of the features of the Site.
Oehler Mediation has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of the Site in any manner following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.
(3) No Attorney-Client Relationship Created By Use of the Site
Information contained on or made available through the Site is not intended to, and does not, constitute legal advice. No attorney-client relationship is formed by using the Site. Your use of information on the Site (or materials linked from the Site) is entirely at your own risk. If you seek legal advice, contact your attorney.
(4) Proprietary Nature of the Site
You acknowledge and agree that Oehler Mediation, and its licensors, retain all right, title, and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site (including, without limitation, text, images, graphics, page headers, Oehler Mediation’s trademarks and logo, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site, and the business processes, procedures, methods, and techniques used in the Site) and all associated patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Intellectual Property”).
(5) Limited License
Oehler Mediation grants you a limited license to access and use the Site for your personal use, subject to all of the terms and conditions of these Terms of Service. You may not (i) remove any trademarks, copyright notices, or any other notice contained in any content, materials, or individual element provided on the Site; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials, or individual element provided on the Site without Oehler Mediation’s prior written consent; (iii) frame or utilize framing techniques to enclose any content, materials, or individual element provided on the Site or create a link to the Site accessing such content, materials, or element without Oehler Mediation’s prior written consent; (iv) use any circumvention tools or any metatags or other hidden text utilizing Oehler Mediation’s name, trademark, URL, or the name of any of the features on the Site without Oehler Mediation’s prior written consent; or (v) disassemble, decompile, or reverse engineer any of the materials or underlying software made available on or through the Site.
(6) Security
To use certain features of the Site, you may be directed to register with the Site and create an account or otherwise provide Oehler Mediation with certain information about yourself and your case (if applicable). By submitting your information through the Site, you grant Oehler Mediation a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Oehler Mediation’s operation of the Site and/or performance of services for you and others you may designate. As part of the registration process, or in connection with submitting case information to Oehler Mediation, you may be asked to submit your name, email address, company name, mailing address, phone number, fax number, web address, case information, identity of the parties to the dispute, and other information to be used in connection with providing services to you, and as well as to choose a user name and password. You agree that all information you provide to Oehler Mediation for purposes of registration, case submission, or other use on the Site will be submitted for the purposes stated, and will be true, accurate, current, and complete. Your failure to provide information in such a manner shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your registration information to keep it true, accurate, current, and complete; (ii) maintain the confidentiality of your password; and (iii) properly exit from your account at the end of each session.
(7) Security
You shall not (i) select or use the email address or user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address or user name that is profane, offensive, or otherwise inappropriate; or (d) allow any other party to use your account or password.
You agree to immediately notify Oehler Mediation of any known or suspected unauthorized use of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Oehler Mediation is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
(8) Links
You acknowledge, consent, and agree that Oehler Mediation may access, preserve, and disclose account information and/or registration information or Case Information that you provide if Oehler Mediation is required to do so by law or if it believes in good faith that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any registration information or Case Information violates the rights of any third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Oehler Mediation, its employees, partners, agents, or members of the public.
The Site may contain links to other Internet websites and resources. Oehler Mediation may provide links and, if it does so, they are merely as a convenience. The inclusion of any link does not constitute or imply any affiliation, endorsement, or sponsorship by Oehler Mediation of such websites or any content contained therein. You acknowledge and agree that Oehler Mediation is not responsible or liable in any way for any content, advertising, services, or goods on or made available from such websites or resources either via links provided by Oehler Mediation or by any user or third party.
(9) DISCLAIMER OF WARRANTIES
THE SITE AND ALL OF ITS CONTENT AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. OEHLER MEDIATION SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, IN NO EVENT SHALL ANY INFORMATION ON THE SITE BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE OF A LICENSED ATTORNEY.
You understand that the processing and transmission of communications relating to the use of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Oehler Mediation will not be responsible or liable for the timeliness, deletion, mistaken delivery, or failure to store any data, information, or content that you provide for display on the Site or for transmission through the use of the Site.
Oehler Mediation makes no representation or warranty that (i) the Site will meet your expectations or requirements; (ii) the Site will be available, uninterrupted, timely, secure, accurate, complete or error-free; (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete, or reliable; (iv) any errors or defects in the Site will be corrected; or (v) the Site and/or the server that makes the Site available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs, or any other harmful codes, instructions, programs, or components. Operation of the Site may be interfered with by numerous factors outside of Oehler Mediation’s control, including, but not limited to, telecommunications network disruptions. Oehler Mediation is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Site.
You acknowledge that the entire risk arising out of the use or performance of the Site remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE.
(10) Limitation of Liability
IN NO EVENT SHALL OEHLER MEDIATION OR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL, INCLUDING, BUT NOT LIMITED TO, THE SITE, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF OEHLER MEDIATION OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL OEHLER MEDIATION BE LIABLE FOR, OR IN CONNECTION WITH, ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF OEHLER MEDIATION TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
(11) Right to Terminate Access
You agree that Oehler Mediation, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site at any time under certain circumstances including, but not limited to, if Oehler Mediation believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule, or regulation or that you have engaged in conduct that Oehler Mediation determines to be inappropriate or unacceptable.
(12) Indemnification
You agree to defend, indemnify, and hold Oehler Mediation and its licensors, licensees, affiliated companies, marketing partners, employees, agents, directors, officers and members, harmless from and against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Site; (iv) your use or disclosure of another person’s personal, financial, or credit information; or (v) the infringement, violation, or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on or transmit through the Site.
(13) Copyright Infringement
Oehler Mediation respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify Oehler Mediation in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to Oehler Mediation’s designated agent at the following email address:
HAROLD OEHLER
OEHLER MEDIATION
harold@oehlermediation.com
Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Oehler Mediation to locate the material; (iv) information reasonably sufficient to permit Oehler Mediation to contact the complaining party, such as an address, telephone number, or an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(14) Additional Terms
These Terms of Service, and any other agreement regarding the Site between you and Oehler Mediation, constitute the entire agreement between you and Oehler Mediation with respect to your access to and use of the Site, and supersede all prior and contemporaneous agreements between you and Oehler Mediation. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties; the remaining provisions shall remain in full force and effect. Oehler Mediation’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of Florida, and applicable federal law, without regard to any conflicts of laws provisions. You agree any claim related to this website to submit to the personal and exclusive jurisdiction of the state and federal courts located within Hillsborough County, Florida. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, you and Oehler Mediation will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that, if the matter remains unresolved for forty-five (45) days after notification (via overnight delivery mail or personal delivery) that a dispute exists, all parties shall join in mediation in Tampa, Florida with a mutually agreed mediator in an attempt to resolve the dispute.
If you have any questions about these Terms of Service or your rights or Oehler Mediation’s obligations relating to the Site, please email us at harold@oehlermediation.com